Created by Fuzzy Cloud

Patna High Court

Gorakh Kumar BhagatversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petition for regular bail was denied.

Summary

Gorakh Kumar Bhagat was arrested on 8 February 2021 after 300 kg of ganja was recovered from a truck and has been in custody for over four years. He filed multiple bail applications, which were rejected in earlier orders. The petitioner argued that he had no knowledge of the drug loading and that co‑accused had been granted bail, contending his continued detention was unnecessary. The State and the Union of India contended that the drugs were found in his conscious possession and that all legal requirements under the NDPS Act had been satisfied. The High Court examined the trial court’s report indicating the case was ready for final arguments and, finding no merit in the bail plea, rejected the petition for regular bail.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged conscious possession of a large quantity of ganja.
  • Whether the prolonged pre‑trial detention of more than four years is justified under the NDPS Act.
  • Whether bail granted to co‑accused affects the petitioner's right to bail.

Subjects

  • bail
  • NDPS Act
  • possession
  • pre‑trial detention
  • drug trafficking
  • large quantity of narcotics

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5703 of 2026
                   Arising Out of PS. Case No.-2 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                   District- Aurangabad
                 ======================================================
                 Gorakh Kumar Bhagat S/O Late Muni Bhagat @ Muni Mali R/O Village-
                 Birampur, P.O- Birampur, P.S- Koibar, Distt.- Bhojpur(802314)

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    The Union of India through the Director, NCB, Patna Zonal Unit, Patna.
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Baban Kumar, Advocate
                 For the Opposite Party/s :    Dr. Indiwar Kumari, APP
                 For the UoI              :    Dr. K. N. Singh, ASG
                                               Mr. Manoj Kumar Singh, CGC
                                               Mr. Ankit Kumar Singh, Advocate
                                               Mr. Radhika Raman, Sr. C.G.C.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   10-04-2026                  Head learned counsel appearing for the petitioner,

                   learned APP appearing for the State and learned counsel

                   appearing for the Union of India.

                                2. Learned counsel for the petitioner submits that the

                   prayer for bail of the petitioner has earlier been rejected vide

                   order dated 13.03.2026 passed in Criminal Miscellaneous No.

                   69338 of 2023, order dated 27.09.2022 passed in Criminal

                   Miscellaneous No. 54952 of 2021, and order dated 25.04.2025

                   passed in Criminal Miscellaneous No. 387 of 2025.

                                3. As per the prosecution case, recovery of 300 kg of

                   ganja from a truck is the subject matter of the present case.
Patna High Court CR. MISC. No.5703 of 2026(4) dt.10-04-2026
                                            2/3




                       4. Learned counsel for the petitioner further submits

          that the petitioner is in custody since 08.02.2021, i.e., for more

          than 4 years and 10 months. It is contended that other co-

          accused persons have already been granted bail, whereas the

          petitioner has been unnecessarily kept in custody. It is further

          submitted that the petitioner is innocent and had no knowledge

          regarding the alleged loading of ganja on the truck. Moreover,

          the alleged recovery was not made from the conscious

          possession of the petitioner.

                       5. Learned counsel for the Union of India, on the

          other hand, submits that a huge quantity of ganja has been

          recovered from the truck and the petitioner was apprehended at

          the spot. It is further submitted that the recovery was made from

          the conscious possession of the petitioner and all legal

          requirements have been duly complied with; hence, his bail

          applications were rejected on merits.

                       6. Learned APP for the State opposes the prayer for

          bail and submits that the aforesaid aspects have already been

          considered in the earlier rejection orders, wherein the bail

          application of the petitioner was rejected on merits. It is further

          submitted that, in order to ascertain the progress of the trial, this

          Court had called for a report from the learned Trial Court, and
            Patna High Court CR. MISC. No.5703 of 2026(4) dt.10-04-2026
                                                        3/3




                      upon perusal of the said report, it appears that the case is

                      presently fixed for final arguments.

                                   7. In view of the aforesaid circumstances, the prayer

                      for regular bail of the petitioner in connection with NCB Case

                      No. 02/2021 corresponding to Special Case No. 05/2021,

                      pending before the learned Special Judge, NDPS, Aurangabad,

                      is hereby rejected.


                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.